Executor of a moderate estate and legal counsel surcharged for excessive fees and commissions, as well as unexplainable account errors. Donnelly Estate, 4 Fid. Rep. 3d 495 (OC Mont. 2014) (Opinion by Ott, J.) … Continue reading
Tag Archives: surcharge
Husband of income beneficiary received trust income for 3 years after the death of the income beneficiary, individual trustee’s law firm received trustee commissions for 8 years after the death of the individual trustee, and corporate trustee received trustee commissions … Continue reading
Trustees who successfully defend themselves against a surcharge action are entitled to recover the legal fees and costs from the trust, and the litigation costs relating to three trusts should be born proportionately by all three trusts because the surcharge … Continue reading
Executor surcharged for missing dividends, for the costs of multiple appraisals, for losses upon the sale of securities that should have been more promptly liquidated, for litigation costs that exceeded the amounts at issue, and for late filing penalties for … Continue reading
Upon remand from Superior Court, trial court corrected its decree concerning attorney fees paid to prevent removal and held that both former executors jointly and severally are liable for the amount surcharged. Rappaport Estate, 3 Fid.Rep.3d 115 (O.C. Bucks 2012) … Continue reading
Co-executors failed to account and $765,000 was missing from estate; the court surcharged both executors severally and jointly liable for commission fees, counsel fees, and missing funds. Loher Estate, 3 Fid. Rep. 3d 71 (O.C. Chester 2012) … Continue reading
After remand from Superior Court and an amended adjudication entered, the Court upheld the surcharge for self-dealing and attorney fees for removed co-executors on cross-appeal to amended adjudication. Rappaport Estate (No. 2), 2 Fid. Rep. 3d 434 (O.C. Bucks 2012) … Continue reading
Executor’s commission reduced, trustee removed, and attorney’s fee reduced, because the executor advanced commission for work not yet done, did not keep hours, and estate was not complicated. Butler Estate and Trust, 2 Fid. Rep. 3d 402 (O.C. Phila. 2012) … Continue reading